Anonymous
04 October 2014 at 11:08
Sir,
Few Entities has purchased some goods from farmers on forged anugya patra. Towards which mandi athourity has asked penalty along with mandi tax. Some entity has duly paid the same. After long time of aprox 1 year from the date penalty was paid mandi athourity again taking action has made fir and arrest warrent was issued for all including those who had paid penalty
Now the query is can mamdi athourity take such action against the entity who had paid penalty n that after such long time
Vikram Patil
02 October 2014 at 23:18
Dear all,
I am a sole proprietor of a trading firm. Can I make my brother proprietor and resign myself from the firm without changing my firm's registration?
GOUTAM ROY
02 October 2014 at 22:26
My daughter's school has a fees arrangement with a bank where we use to deposit school fees. In this case shall we be treated as customer/consumer or not, please provide the reply.
Shyam Lal Naik
02 October 2014 at 20:35
Dear Experts,
Can you please advise, whether Pass Port of foreign national shall serve the dual purpose as Id proof and address proof for DIN application of a foreign national.
OR
We need to submit a separate proof of address.
Thank You.
Shyam
Harish Soni
01 October 2014 at 23:20
I am from ajmer (rajasthan) I want to know that is school level coaching institute comes under commercial activity. and can coaching institute run in residential property. Is their any registration required for that.
Anuraag Radhakrishna
01 October 2014 at 14:43
The Articles of association of the company allow the Chairman to have a casting vote in case of a deadlock. At the beginning of a general meeting the chairman is appointed by show of hands pursuant to Section 104 of the Companies Act 2013. When a poll on the same is called it leads to a deadlock due to which the Chairman uses his casting vote to appoint himself Chairman for the rest of the meeting. Would he be allowed to do so??
Chhaya Soni
01 October 2014 at 11:05
Respected Sirs,
If a company fails to pay interest for more than 6 months can a debenture holder file a petition u/s. 117C of companies Act prematurely. The maturity of the debenture is not arrived, but due to non payment of interest and also company being chit fund company, the debenture holder wish to get his principle money with accrued interest back. The section is only for the redemption of matured debenture, however amended act says that even if the default is made in payment of interest, debenture holder ask for the refund of principle and interest which is still not notified. Can anybody provide relevant judgments of CLB, High Court, or Supreme Court also please provide your suggestion on the same.
Raju
29 September 2014 at 16:00
We need to consult an expert lawyer in Company law. I can be contacted at 98102 39840.
archana
29 September 2014 at 14:20
dear sirs
1)
i have procured goods from a supplier for export which unfortunately went into dispute for late delivery and i had to pay a claim to my overseas client.my creditor filed a case for arbitration with bharat merchants chambers and even though i had put across my points the same was not taken into consideration while handing out the award as the creditor is a member of the org and i am not. during my verbal talks with the creditor i was informed that the awards are always granted in favor of the member.
2) also i have not signed any dox related to appointing them as arbitrators.
3)i read in your earlier discussions that the the competition commission of india has cancelled the the rights of association to arbitrate between members and non members on 20 jan 2013, . what is the implication of this.
4) what are my rights regarding appeal in the high court.
5) can we prove their judgement to be biased under such circumstances.
would appreciate your early reply as i can file appeal accordingly.
thanks in advance
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Recovery of debt from a pvt. ltd company
A pvt. Ltd. company owes our about 6 lac rupees for the cost of Diesel provided to them on Credit. We have obtained a Certified Copy of their Balance Sheet dt. 31.03.2013 from the Registrar of Companies office. In their Balance Sheet dt. 31.03.2013 they had shown Rs. 10 Lacs as Trade Payable to us. After 31.03.2013 they have paid us Rs 4 lacs by NEFT & cheques. Remaining Rs. 6 lacs is still outstanding. Thus the debts seems to be admitted one.
We have sent them many emails, sms & letters but they are not replying, However on phones they always requests time for payment. Recently we have sent them a Statutory Demand Notice for winding up of the Company under Company Act. The notice was served upon on 05.09.2014. However, they didn't bothered to reply.
Now, our query is -
1- What is the best option/recourse available to us ? -
a- A suit for winding up of the Company or
b- a regular civil suit.
2- What other documents we need to collect to prove our case ?
3- Whether, it is advisable for us to wait for another 2-3 months as the company has yet not filed their Balance Sheet for 31.03.2014 with Registrar of Companies and its last date is now 31.12.2014 or we should proceed immediately without collecting their Balance sheet for 31.03.2014
4- The Company has its registered office at Jabalpur. We, too hails from Jabalpur. So, where the winding up case needs to be filed?
5- The Company's balance sheet for 31.03.2013 shows that they have enough cash & bank balances but in order to dupe us they are not paying. Its directors have very poor payment reputation in business circles. They are doing so with many of the creditors. The applicant personally know atleat 3 of them.
6- whether summary procedure under order 37 CPC is applicable in our case ?
7- what are the chances of success in the case?
Please suggest.
Yogesh Gulati